The President of the Ghana Bar Association (GBA), Madam Efua Ghartey, has questioned the fairness of the recent removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
She stressed that the absence of clear procedural rules under Article 146 of the 1992 Constitution undermines both the independence of the judiciary and public confidence in the rule of law.
She made the comments while delivering her maiden address at the 2025 Annual General Conference of the GBA in Wa. It was under the theme: “Sustaining the 4th Republican Constitutional Democracy: The Role of the Judiciary and the Legal Profession.”
Unprecedented
Madam Ghartey noted that, for the first time under the Fourth Republic, the constitutional provision for the removal of a Chief Justice had been invoked. However, she said the process was conducted without established regulations to guide its implementation, leaving room for arbitrariness.
“The Bar recognizes the fact that the power of removal can be exercised under Article 146, but the Bar’s major concern relates to the process. In the absence of specific rules of procedure, the sketchy process potentially lends itself to arbitrariness and a lack of fairness,” she stated.
She recalled that the GBA had passed a resolution earlier this year urging the government to enact regulations to ensure transparency in such proceedings.
Quoting the resolution, she said: “The Ghana Bar Association hereby also calls for the immediate enactment of clear and comprehensive Regulations relating to matters under Article 146 of the Constitution to ensure transparency, accountability, and fairness in all proceedings involving Superior Court justices, particularly in the context of the impeachment or removal of such officers.”
Deep blemish
According to her, despite the resolution being made public on April 30, 2025, “no rules were produced.” This, she argued, has left a deep blemish on the integrity of the removal process. “The lack of an enactment for such rules in the case of the removal of the fourth highest person in the nation should be a matter of concern to all of us,” she warned.
Madam Ghartey stressed that the GBA, under her leadership, will continue to defend judicial independence fearlessly. “We all deserve justice – from the well-endowed in society to the less endowed, from those who wield political power to those who don’t. From those who dispense justice to those who receive justice. We all deserve justice,” she affirmed.
Culture of silence
The GBA President also cautioned against a creeping culture of silence in Ghana’s public discourse, stressing that criticisms of rulings or government actions must not be stifled under the pretext of sanitizing political commentary.
Tenure so far
The President of the GBA described her tenure so far as “interesting, exciting, unexpected, and challenging.” She emphasized the unity of the Bar leadership in navigating difficult moments, remarking that “as leaders of the Bar, we have learnt to stick together, laugh at ourselves even amid stressful situations and genuinely practice what real family members do—chastise in love and forge ahead in unison.”
She also acknowledged the significance of President John Dramani Mahama’s engagement with the Bar earlier this year. Quoting the President, she recalled: “You have been a strong advocate for the rule of law, respect for human rights, the Constitution, and freedoms. I believe that the role you play is important for our society to progress.” She noted that this recognition underscored the Bar’s mandate to “speak truth to power” while remaining a neutral voice in national discourse.
Toxicity in public discourse
The President further addressed the rising toxicity in public discourse, warning that efforts to sanitize commentary should not undermine free speech.
“We cannot as a nation go back to the culture of silence,” she declared.
She condemned what she described as a worrying judicial precedent that drew on the “warped philosophy of Idi Amin Dada” and George Orwell’s Animal Farm in a recent ruling. “Our 1992 Constitution is based on equality before the law, and that should be our creed. Omnes ante legem pares sumus; to wit, we are all equal before the law,” she added.
Galamsey
On the issue of illegal mining, the Bar President called for urgent reforms in enforcement rather than legislation. “This fight against galamsey is not about gold. It is about governance, it is about Ghana, the need for sustained, committed leadership.
The rivers of Ghana cannot speak. The forests cannot talk, but we as guardians of justice must raise our voices on their behalf,” she charged, warning against entrenched interests undermining environmental protection.
She also highlighted strides made by women in the legal profession following the passage of the Affirmative Action (Gender Equity) Act, 2024, noting that female leadership had now become “the new normal” in law faculties, the Attorney General’s Department, and on the Bench.
State of the Bar
Reflecting on the state of the Bar, the President reported steady membership growth from 5,500 in 2020 to 8,386 after the May 2025 mini call, and outlined welfare initiatives aimed at young lawyers, including reduced conference fees, mentoring platforms, and plans for a court alert system to ease practice challenges.
She also announced that Ghana will host the African Bar Association’s continental conference in October 2025, describing the honor as “a recognition of our nation’s standing within the continent.”
She further urged lawyers to remain vigilant in defending the Constitution, stressing, “We all deserve justice. From those who wield political power to those who don’t. From those who have economic power to those who don’t. From those who dispense justice to those who receive justice. We all deserve justice.”
Over 800 lawyers from across the country attended the landmark event, which was graced by dignitaries including the Attorney General and Minister for Justice, Dr. Dominic Ayine; the Upper West Regional Minister, Hon. Charles Lwanga Puoziung; the Vice Chancellor of the University for Development Studies, Prof. Seidu Al-Hassan; and a representative of the Acting Chief Justice, Her Ladyship Justice Hafisata Amaleboba.
